Jammu Kashmir
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| | Bhadarwah triple murder case | | Provide copy of CB report to complainant: SHRC | | SRINAGAR, Jul 3: The State Human Rights Commission (SHRC) today directed prosecution to provide a copy of Crime Branch final report in Bhdarwah triple murder case to the complainant.
A division bench of the Commission in its today’s order said: “In the interest of transparency, fair trial and rules of natural justice we therefore direct that copy of the communication be provided to the complainant.”
After going through the police’s final report in the matter, the division bench of the Commission has observed: “We have gone through the communication no. CB/2004 ....of SSP, Police regarding which privilege was claimed by the CPO banking on different provisions of
the CRPC, S.172(2)/S.173(8). However we are of the considered opinion that the document is not in any manner a classified one carrying any vital information which may hamper in any way security of the State or any person involved in the same.”
On May 24, last year, the police headquarters had submitted the Crime Branch final report, according to which it is claimed by the State that the case is not admissible. The final report was submitted in a sealed envelope and the Police Headquarters had requested for treating the document as privileged and thus not accessible to the complainant
and general public The case is listed for consideration and order on August 7. It may be
recalled that that a petition was filed by Yasir Irfat Dar son of the deceased Fazal Hussain Dar and brother of Fareed Hussain Dar, the two amongst the three killed in Bhaderwah on January 3, 1996.
In earlier hearings of the matter, the CPO of SHRC has been persistently arguing that the families have not for 11 years filed an appeal against the Bhaderwah trial court order, which had bailed out the main accused Mohammad Ashraf, Tariq Hussain and Abdul Sattar for
lack of evidence as the witnesses according to the trial court had turned hostile.
The CPO’s view in the matter was taken by the Advocate General in the High Court case in the same matter, which finally was dismissed by Justice Hasnain Masoodi on 29th May 2012. “It is deliberate obfuscation of facts, as the trial court case was filed by the State
itself and when the accused where acquitted by the trial court, it was incumbent on the state government to file the appeal in the High Court. How can State justify not filing the appeal when even the trial court in its judgment has expressed surprise how prosecution has
failed to produce evidence against Mohammad Ashraf the main accused and a known anti-social person,” Jammu and Kashmir Coalition of Civil Societies had observed about the matter in May last year.
In this matter, the Crime Branch investigation were never part of the trial court and neither did the High Court, even after ordering the State Government to produce the Crime Branch investigations on 30th September 2011, examine the Crime Branch investigations to conclude its judgment. Now that this Crime Branch investigation report is being submitted to the SHRC, it is very crucial for the case that these documents be examined and allowed to be accessed by the complainant which is a requirement for deliverance of justice. |
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